Friday, November 12, 2010

Delhi HC seeks reponse from the Centre on appointment of CMDs of BSNL and MTNL

Source : Indlaw.com

The Delhi High Court has sought a reply from the Centre on a petition filed by an NGO, alleging irregularities in the appointment of CMDs of BSNL and MTNL stating that Telecom Minister A Raja is allegedly trying to push his favourites into the posts.

A bench comprising Chief Justice Dipak Misra and Justice Manmohan issued notices to the Centre and Department of Telecommunication (DoT) seeking their reply for filing their response on the allegations that the procedure followed by the ministry for the appointment of top posts in the telecom PSUs was arbitrary and malafide.

The court’s directions came while hearing a joint petition filed by an NGO, Telecom Watchdog and Executive Association of Sanchar Nigam, pleading that procedure for appointment of heads of BSNL and MTNL was arbitrary and it should be quashed.

The NGO, in its petition, alleged that the DoT has ‘arbitrarily’ changed the selection criteria formulated by the Sam Pitroda-led committee set up by the Prime Minister for appointment of eligible persons to top posts in the public sector.

Indian Doctor files suit against German publisher in Bombay HC for Copyright violation

Source : Indlaw.com

An Indian medical practitioner, who authored a book on treatment of AIDS and cancer, has filed a civil suit in the Bombay High Court against a German publication firm for allegedly copying his work and selling it all over the world under its brand name.

Dr Mirza Anwar Baig, an MBBS doctor who practises alternative medicine, in his suit, prayed to the court to restrain Germany-based M/s Narayana Verlag GMBH Publishers from selling the book through the internet under its own brand name.

The notice of motion moved by Dr Baig came up recently before Justice S C Dharmadhikari, who issued a notice to the defendants and posted the matter for hearing on November 16.

Sixty-three-year-old Baig, who has authored the book titled Homo-Immunisation (Aids versus Cancer), pleaded that he found on the internet that this book was being sold by the defendants under its brand name, thereby infringing on his copyright.

Dr Baig’s book deals with the treatment of cancer and AIDS based on the theory that AIDS virus can cure cancer and vice versa.

The plaintiff said he was the lawful copyright holder in respect of the book and at no point of time, had he given or assigned any right to the defendant to market or sell the book under its brand name.

Dr Baig said he had published this book in India through Mafkar Publications and it was widely circulated all over the world and purchased by many people

Delhi High Court directs government to consult with DLSA to consider release of inmates unable to pay surety amount despite bail being granted

Source : Indlaw.com

The Delhi High Court directed the Sheila Dikshit government to have consultations with the Delhi Legal Services Authority (DLSA) member secretary to consider release of those inmates languishing in jail for years together as they have no money to pay the surety amount despite bail being granted to them. 


A bench comprising Chief Justice Dipak Misra and Justice Manmohan directed Sunil Kumar Gupta, the law officer of prisons, to consult DLSA member Secretary Asha Menon as to how those prisoners who, though they had been granted bail by the courts, cannot be set free because they cannot afford to pay the requisite surety amount. 

Mr Nazmi Waziri, counsel for the Delhi government, told the court that there are about 11,000 under trials in the ten jails, including Tihar, of whom 150-200 had been granted bail by the courts but cannot be released because they are poor and had no money to pay for their bail bonds.

SPS Rathore gets Bail from Supreme Court

Source : Indlaw.com

The Supreme Court today granted bail to former Haryana DGP S P S Rathore in the Ruchika molestation case. 

Rathore, who was awarded six-month imprisonment by the trial court for an offence under Section 354 IPC, had received further setback when the Punjab and Haryana High Court enhanced his sentence to 18 months. 

Rathore came in appeal to the Supreme Court against the judgement of the High Court. 

A bench comprising Justices P Sathasivam and B S Chauhan ordered the release of Rathore on bail till the final diposal of his appeal. 

The apex court also admitted his appeal. 

The CBI has already decided to close two cases against Rathore involving the illegal detention and torture of Ashu Girhotra, brother of Ruchika. 

Ruchika, an upcoming tennis player, had committed suicide when she could not tolerate the torture to which her brother was subjected by Haryana police, allegedly at the instance of Mr Rathore who was IGP at that time.

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